Global Forum Shopping Fact Sheet

The Issue

• U.S. Courts increasingly used for foreign plaintiff lawsuits (“alien torts”).
• Opportunistic use of U.S. antitrust laws against defendants over entirely foreign conduct
• Venue granted in U.S. courts even though business is conducted largely in other jurisdictions
• Extensive, onerous pre-trial discovery
• History of outlandish jury awards, including punitive damages

Economic Impacts

• Uncertainty for corporations operating within U.S. markets
• Discourages foreign investors from doing U.S. business
• Disruption of mergers and partnerships with U.S. corporate interests

Political Impacts

• American foreign relations can be compromised as U.S. courts adjudicate issues across foreign borders
• U.S. citizens may increasingly become defendants in international litigation
• Expanding foreign court jurisdiction to counter American interference in foreign legal matters

Coalition to Curb Global Forum Shopping

• Formed by U.S. Chamber of Commerce Institute for Legal Reform
• Promotes awareness of global forum shopping issue
• Seeks practical steps to discourage abuse of U.S. courts by foreign plaintiffs
• A unified business strategy utilizing research, judicial and public education programs
• Will seek legislative remedies if necessary